H.R. 4763

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4763 Introduced in House (IH)]

<DOC>

119th CONGRESS
1st Session
H. R. 4763

To require employers to provide paid annual leave to employees, and for 
other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

July 25, 2025

Mr. Magaziner (for himself, Ms. Adams, Ms. Budzinski, Mr. Carson, Mr. 
Casar, Mr. Cleaver, Ms. Crockett, Mr. Davis of Illinois, Mr. Deluzio, 
Mrs. Dingell, Mr. Evans of Pennsylvania, Mr. Fields, Mr. Frost, Mr. 
Garcia of California, Ms. Garcia of Texas, Mr. Garcia of Illinois, Mr. 
Goldman of New York, Mr. Gomez, Mrs. Hayes, Ms. Norton, Ms. Hoyle of 
Oregon, Ms. Jayapal, Mr. Khanna, Mr. Krishnamoorthi, Mr. Lynch, Mr. 
McGovern, Mr. Menendez, Ms. Meng, Mr. Mullin, Mr. Nadler, Mr. Neguse, 
Ms. Ocasio-Cortez, Ms. Omar, Mr. Pocan, Mrs. Ramirez, Ms. Sanchez, Ms. 
Schakowsky, Ms. Stansbury, Ms. Titus, Ms. Tlaib, Mrs. Watson Coleman, 
Ms. Williams of Georgia, and Mr. Tonko) introduced the following bill; 
which was referred to the Committee on Education and Workforce, and in 
addition to the Committees on House Administration, Oversight and 
Government Reform, the Judiciary, and Transportation and 
Infrastructure, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned

_______________________________________________________________________

A BILL

To require employers to provide paid annual leave to employees, and for 
other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Protected Time Off Act'' or the 
``PTO Act''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Commerce.--The terms ``commerce'' and ``industry or 
activity affecting commerce'' mean any activity, business, or 
industry in commerce or in which a labor dispute would hinder 
or obstruct commerce or the free flow of commerce, and include 
``commerce'' and any ``industry affecting commerce'', as 
defined in paragraphs (1) and (3) of section 501 of the Labor 
Management Relations Act, 1947 (29 U.S.C. 142(1) and (3)).
(2) Covered employee.--The term ``covered employee'' means 
an individual who is--
(A)(i) an employee who is not covered under any 
other provision of this paragraph, except that a 
reference in such section to an employer shall be 
considered a reference to an employer described in 
paragraph (3)(A)(i)(I);
(ii) an employee of the Government 
Accountability Office; or
(iii) an employee of a covered employer 
described in paragraph (3)(B)(i)(IV);
(B) a State employee described in section 304(a) of 
the Government Employee Rights Act of 1991 (42 U.S.C. 
2000e-16c(a)), other than an applicant for employment;
(C) a covered employee (as defined in section 
411(c) of title 3, United States Code);
(D) a covered employee (as defined in section 101 
of the Congressional Accountability Act of 1995 (2 
U.S.C. 1301)), other than an applicant for employment; 
or
(E) a Federal officer or employee covered under 
subchapter V of chapter 63 of title 5, United States 
Code (without regard to the limitation in section 
6381(1)(B) of that title).
(3) Employer.--
(A) In general.--The term ``employer'' means any 
person who is--
(i)(I) a covered employer who is not 
described in any other subclause of this 
clause;
(II) an entity employing a State employee 
described in section 304(a) of the Government 
Employee Rights Act of 1991;
(III) an employing office, as defined in 
section 101 of the Congressional Accountability 
Act of 1995;
(IV) an employing office, as defined in 
section 411(c) of title 3, United States Code; 
or
(V) an employing agency covered under 
subchapter V of chapter 63 of title 5, United 
States Code; and
(ii) engaged in commerce (including government), or 
any industry or activity affecting commerce (including 
government).
(B) Covered employer.--
(i) In general.--In subparagraph (A)(i)(I), 
the term ``covered employer''--
(I) means any person engaged in 
commerce or in any industry or activity 
affecting commerce who employs 1 or 
more employees for each working day 
during each of 20 or more calendar 
workweeks in the current or preceding 
year;
(II) includes the Government 
Accountability Office and the Library 
of Congress;
(III) includes--
(aa) any person who acts, 
directly or indirectly, in the 
interest of an employer covered 
by this clause to any of the 
employees of such employer; and
(bb) any successor in 
interest of such an employer; 
and
(IV) includes any carrier (as such 
term is defined in section 1 of the 
Railway Labor Act (45 U.S.C. 151)) and 
any carrier by air (as described in 
section 201 of such Act (45 U.S.C. 
181)).
(ii) Public agency.--For purposes of clause 
(i), a public agency, as defined in section 
3(x) of the Fair Labor Standards Act of 1938 
(29 U.S.C. 203(x)), shall be considered to be a 
person engaged in commerce or in an industry or 
activity affecting commerce.
(C) Predecessors.--Any reference in this paragraph 
to an employer shall include a reference to any 
predecessor of such employer.
(4) FLSA definitions.--The terms ``employ'', ``employee'', 
``person'', and ``State'' have the meanings given the terms in 
section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 
203).
(5) Paid annual leave.--The term ``paid annual leave''--
(A) means paid vacation leave and paid personal 
leave provided to an employee by the employer of such 
employee to be used during period in which the employee 
would otherwise work; and
(B) does not include--
(i) paid or unpaid family and medical leave 
provided by the employer or required by 
Federal, State, or local law;
(ii) leave provided under the Family and 
Medical Leave Act of 1993 (29 U.S.C. 2601, et 
seq.);
(iii) sick leave provided by the employer 
or required by Federal, State, or local law;
(iv) bereavement leave provided by the 
employer or required by Federal, State or local 
law;
(v) leave provided by the employer or 
required by Federal State, or local law for 
purposes related to adoption or fostering of a 
child;
(vi) leave related to domestic violence, 
sexual assault, or stalking provided by the 
employer or required by Federal, State, or 
local law;
(vii) leave provided by the employer or 
required by Federal, State, or local law with 
respect to a public health emergency;
(viii) absence or paid leave under workers' 
compensation or a disability plan;
(ix) leave provided by the employer or 
leave required to be provided by Federal, 
State, or local law for holidays established by 
Federal, State, or local law; or
(x) leave provided by the employer or 
required by Federal, State, or local law for 
jury duty, civic duty, or to vote.
(6) Rail carrier.--The term ``rail carrier'' has the 
meaning given such term in section 10102 of title 49, United 
States Code.
(7) Secretary.--Unless otherwise specified, the term 
``Secretary'' means the Secretary of Labor.

SEC. 3. EARNED ANNUAL LEAVE.

(a) Earning of Paid Annual Leave.--
(1) Earning of annual leave.--An employer shall provide 
each employee employed by the employer not less than 1 hour of 
paid annual leave for every 25 hours worked.
(2) Limitation.--
(A) In general.--For purposes of complying with 
paragraph (1), an employer may not be required to 
provide more than 80 hours of paid annual leave to an 
employee during any 12-month period.
(B) Rule of construction.--Nothing in this section 
may be construed to preclude an employer from providing 
more than 80 hours of paid annual leave.
(3) Commencement of earning paid annual leave.--An employee 
shall begin to earn paid annual leave at the commencement of 
employment of such employee.
(4) Overtime exempt employee.--For purposes of this 
section, where an employer is not required by the Fair Labor 
Standards Act of 1938 to maintain and preserve records of hours 
worked because an employee is exempt from minimum wage or 
overtime requirements under such Act (29 U.S.C. 213(a)), the 
employee shall be deemed to work 40 hours in each workweek.
(b) Use of Paid Annual Leave.--
(1) In general.--Paid annual leave may be used by an 
employee for any reason.
(2) Timing.--Subject to paragraphs (2) and (3) of 
subsection (c), an employee may use paid annual leave earned by 
the employee as it is accrued.
(3) Rate of compensation.--
(A) In general.--An employee using paid annual 
leave shall be compensated, for the period that the 
employee is using such leave, at the regular rate at 
which the employee would have been paid for such period 
if the employee were not using paid annual leave.
(B) Tipped employee.--For the purposes of 
subparagraph (A), with respect to a tipped employee (as 
defined in section 3(t) of the Fair Labor Standards Act 
of 1938 (29 U.S.C. 203(t))), such an employee shall be 
compensated, for the period that such employee is using 
paid annual leave, at a rate equivalent to the higher 
of--
(i) the Federal minimum wage;
(ii) the applicable State minimum wage;
(iii) the applicable local or municipal 
minimum wage;
(iv) any other wage required by law; or
(v) the regular rate at which the employee 
is employed.
(4) Loaning of annual leave.--
(A) Loaned leave.--An employer may loan paid annual 
leave to an employee for use by such employee in 
advance of the employee earning such annual leave.
(B) Reimbursement for loaned leave.--An employer 
may require an employee of such employer to reimburse 
the employer for any annual leave loaned under 
subparagraph (A) that such employee has not earned at 
the time of separation. Such reimbursement shall be at 
the rate described in paragraph (3).
(5) Increments of use of paid annual leave.--An employer 
shall allow employees to use paid annual leave in increments of 
the smaller of--
(A) hourly increments; or
(B) the smallest increment of time that the 
employer's payroll system uses to account for absences 
or use of other time.
(6) Benefits retained during leave.--An employer shall 
maintain any employment benefits (as defined in section 101(5) 
of the Family and Medical Leave Act of 1993) provided to an 
employee during any period in which the employee takes paid 
annual leave, and such benefits shall be provided in the same 
manner as if the employee had continued in employment 
continuously for the duration of such leave.
(c) Procedures for Use of Paid Annual Leave.--
(1) In general.--Subject to paragraphs (2) and (3), an 
employee may use paid annual leave upon the verbal or written 
request of the employee.
(2) Employee notification.--
(A) Employee notification.--An employee shall 
provide notice to the employer to use paid annual 
leave.
(B) Notice described.--The Secretary shall create 
sample notices for the purpose described in 
subparagraph (A).
(C) Timing of notice.--An employer may not require 
an employee to provide notice in excess of 2 weeks in 
advance of the use of such leave.
(D) Unforeseeable use of leave.--In the case of an 
unforeseeable use of leave, an employee shall not be 
required to provide the notice required under 
subparagraph (A).
(3) Reasonable restrictions.--
(A) In general.--An employer may place limited, 
reasonable restrictions for the scheduling of paid 
annual leave for a bona fide business reason and may 
reject a scheduling request for such leave for a bona 
fide business reason, so long as the employer--
(i) provides other reasonable alternative 
times, as described in subparagraph (B), for 
the employee to schedule such leave; and
(ii) and complies with the notice 
requirement described in subparagraph (C).
(B) Reasonable alternatives.--A reasonable 
alternative time described in this subparagraph is a 
date other than the date the employee requested to use 
paid annual leave that is within 30 days of such date.
(C) Denial notice.--In the case that an employer 
denies a request of an employee to use paid annual 
leave, the employer shall, not later than 5 business 
days after the day the employee made such request, 
provide to the employee a written notice--
(i) detailing the bona fide business reason 
for such denial; and
(ii) that provides the reasonable 
alternative time described in subparagraph (B).
(D) Can not prevent use of expiring leave.--Such 
reasonable alternative time may not be offered to 
prevent the use of paid annual leave that is set to 
expire.
(4) Purpose of use of paid annual leave.--An employer may 
not require an employee to disclose the purpose or reason for 
which the employee is using paid annual leave.
(5) Carryover.--An employer shall permit an employee of 
such employer to carry over up to 40 hours of any accrued and 
unused paid annual leave to the following 12-month period.
(6) Prohibition on finding cover.--An employer may not 
require, as a condition of taking paid annual leave, that an 
employee search for or find a replacement employee to cover the 
hours during which the employee is using such annual leave.
(7) Guidance.--Not later than 180 after the date of 
enactment of this Act, the Secretary shall provide guidance to 
employers on compliance with paragraph (3), including defining 
the terms limited reasonable restriction, a bona fide business 
reason, and a reasonable alternative time.
(d) Procedures Regarding Leave for Employee Separation.--
(1) Compensation.--In the case that an employee separates 
from an employer and such employee has unused paid annual 
leave, the employer shall provide financial compensation at a 
rate that is the higher of--
(A) the average regular rate received by such 
employee during the last 3 years of the employee's 
employment; or
(B) the final regular rate received by the 
employee.
(2) Reinstatement.--If an employee separates from 
employment with an employer and is rehired within 12 months 
after that separation by the same employer--
(A) in the case that the employee had paid annual 
leave in excess of 80 hours that was not compensated 
under paragraph (1), the employer shall reinstate such 
leave for the employee; and
(B) the employee shall be entitled to use such 
leave and earn additional paid annual leave at the 
recommencement of employment with the employer.

SEC. 4. EMPLOYER NOTICE AND SYSTEM REQUIREMENTS.

(a) Notice Requirement.--An employer shall notify each employee 
about the paid annual leave policy of such employer, which shall 
include the information described in subsection (b), by--
(1) providing such information, in writing, to each 
employee on or before the first day of employment of such 
employee;
(2) including such information in any employee handbook; 
and
(3) posting a notice containing such information in a 
physical conspicuous place on the premises of the employer or a 
virtual conspicuous place, where notices to employees are 
customarily posted.
(b) Contents.--The information provided pursuant to subsection (a) 
shall include--
(1) any paid annual leave policy of such employer, 
including any paid annual leave policy that provides paid 
annual leave in excess of the requirements of this Act;
(2) information pertaining to the filing of an action under 
section 6;
(3) details of any notice requirement the employer may 
require, as described in section 3(c)(2); and
(4) information regarding--
(A) the protections that an employee has in 
exercising rights under this Act; and
(B) how the employee can contact the Secretary (or 
other appropriate authority as described in section 6) 
if any such rights are violated.
(c) System Requirement.--An employer shall establish a system, such 
as through an online portal, written request, or through pay stubs, to 
inform each employee of the employer how much paid annual leave each 
employee has earned.

SEC. 5. PROHIBITED ACTS.

(a) Interference With Rights.--It shall be unlawful for any 
employer to--
(1) violate any provision of section 3 or 4;
(2) discharge or discriminate against (including to 
retaliate against) any individual, including a job applicant, 
for exercising, or attempting to exercise, any right provided 
under this Act;
(3) use the taking of paid annual leave provided under this 
Act as a negative factor in an employment action, such as 
hiring, promotion, reducing hours or numbers of shifts, or a 
disciplinary action; or
(4) count the use of such leave under a no-fault attendance 
policy or any other absence-control policy.
(b) Interference With Proceedings or Inquiries.--It shall be 
unlawful for any person to discharge or in any other manner 
discriminate against (including retaliating against) any individual, 
including a job applicant, because such individual--
(1) has filed an action under section 6, or has instituted 
or caused to be instituted any proceeding, under this Act;
(2) has given, or intends to give, any information in 
connection with any inquiry or proceeding relating to any right 
provided under this Act; or
(3) has testified, or intends to testify, in any inquiry or 
proceeding relating to any right provided under this Act.
(c) Impermissible Consideration.--A violation of subsection (a) or 
(b) shall be established when a complaining party demonstrates that any 
action described in paragraphs (1), (2), or (3) of subsections (a) or 
(b) was a motivating factor in any such action taken against the 
complaining party, even though other factors also motivated the action.

SEC. 6. ENFORCEMENT AND INVESTIGATIVE AUTHORITY.

(a) In General.--
(1) Definition.--In this subsection--
(A) the term ``employee'' means a covered employee 
described in subparagraph (A), (B), or (C) of section 
2(2); and
(B) the term ``employer'' means an employer 
described in subclauses (I) or (II) of section 
2(3)(A)(i).
(2) Investigative authority.--
(A) In general.--To ensure compliance with this 
Act, or any regulation or order issued under this Act, 
the Secretary shall have, subject to subparagraph (C), 
the investigative authority provided under section 
11(a) of the Fair Labor Standards Act of 1938 (29 
U.S.C. 211(a)), with respect to employers, employees, 
and other individuals affected by an employer.
(B) Obligation to keep and preserve records.--An 
employer shall make, keep, and preserve records 
pertaining to compliance with this Act in accordance 
with section 11(c) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 211(c)) and in accordance with 
regulations prescribed by the Secretary.
(C) Required submissions generally limited to an 
annual basis.--The Secretary may not require an 
employer to submit to the Secretary any books or 
records more than once during any 12-month period, 
unless the Secretary has reasonable cause to believe 
there may exist a violation of this act or any 
regulation or order issued pursuant to this Act, or is 
investigating a charge pursuant to paragraph (4).
(D) Subpoena authority.--For the purposes of any 
investigation provided for in this paragraph, the 
Secretary shall have the subpoena authority provided 
for under section 9 of the Fair Labor Standards Act of 
1938 (29 U.S.C. 209).
(3) Private right of action.--
(A) In general.--An action to recover damages or 
equitable relief prescribed in subparagraph (B) may be 
maintained against any employer in any Federal or State 
court of competent jurisdiction by an employee or 
individual or a representative for and on behalf of--
(i) the employee or individual; or
(ii) the employee or individual and others 
similarly situated.
(B) Liability.--Any employer who violates section 5 
shall be liable to any employee or individual 
affected--
(i) for damages equal to--
(I) the amount of--
(aa) any wages, salary, 
employment benefits, or other 
compensation denied or lost by 
reason of the violation; or
(bb) in a case in which 
wages, salary, employment 
benefits, or other compensation 
have not been denied or lost, 
any actual monetary losses 
sustained as a direct result of 
the violation up to a sum equal 
to 80 hours of wages or salary 
for the employee or individual;
(II) the interest on the amount 
described in subclause (I) calculated 
at the prevailing rate; and
(III) an additional amount as 
liquidated damages; and
(ii) for such equitable relief as may be 
appropriate, including employment, 
reinstatement, and promotion.
(C) Fees and costs.--The court in an action under 
this subsection shall, in addition to any judgment 
awarded to the plaintiff, allow a reasonable attorney's 
fee, reasonable expert witness fees, and other costs to 
be paid by the defendant.
(D) Limitations.--
(i) In general.--Except as provided in 
subparagraph (B), an action may be brought 
under paragraph (2) or (3) not more than 2 
years after the date of the last event 
constituting the alleged violation for which 
the action is brought.
(ii) Willful violation.--In the case of an 
action brought for a willful violation of 
section 5 (including a willful violation 
relating to rights provided under section 3), 
such action may be brought not more than 3 
years after the last event constituting the 
alleged violation for which such action is 
brought.
(iii) Commencement.--In determining when an 
action is commenced under paragraph (2) or (3) 
for the purposes of this subsection, the action 
shall be considered to be commenced on the date 
when the complaint is filed.
(4) Actions by the secretary.--
(A) Administrative actions.--The Secretary shall 
receive, investigate, and attempt to resolve complaints 
of violations of section 5 in the same manner that the 
Secretary receives, investigates, and attempts to 
resolve complaints of violations of sections 6 and 7 of 
the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 
207).
(B) Civil action.--The Secretary may bring an 
action in any court of competent jurisdiction to 
recover the damages described in subsection (a)(3)(B).
(C) Sums recovered.--Any sums recovered by the 
Secretary pursuant to subparagraph (B) shall be held in 
a special deposit account and shall be paid, on order 
of the Secretary, directly to each employee or 
individual affected. Any sums not paid to an employee 
or individual affected because of the inability to do 
so within a period of 3 years shall be deposited into 
the Treasury of the United States as miscellaneous 
receipts.
(D) Action for injunction by secretary.--The 
district courts of the United States shall have 
jurisdiction, for cause shown, in an action brought by 
the Secretary--
(i) to restrain violations of section 5 
(including a violation relating to rights 
provided under section 3), including the 
restraint of any withholding of wages, salary, 
employment benefits, or other compensation, 
plus interest, found by the court to be due to 
employees or individuals eligible under this 
Act; or
(ii) to award such other equitable relief 
as may be appropriate, including employment, 
reinstatements, and promotion.
(E) Solicitor of labor.--The Solicitor of Labor may 
appear for an represent the Secretary on any litigation 
brought under this subsection.
(b) Government Accountability Office and Library of Congress.--
Notwithstanding any other provision of this section, in the case of the 
Government Accountability Office and the Library of Congress, the 
authority of the Secretary under this subsection shall be exercised 
respectively by the Comptroller General of the United States and the 
Librarian of Congress.
(c) Employees Covered by Congressional Accountability Act of 
1995.--The powers, remedies, and procedures provided in the 
Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) to the 
Board (as defined in section 101 of that Act (2 U.S.C. 1301)), or any 
person, alleging a violation of section 202(a)(1) of that Act (2 U.S.C. 
1312(a)(1)) shall be the powers, remedies, and procedures this Act 
provides to that Board, or any person, alleging an unlawful employment 
practice in violation of this Act against an employee described in 
section 2(2)(D).
(d) Employees Covered by Chapter 63 of Title 5, United States 
Code.--The powers, remedies, and procedures provided in title 5, United 
States Code, to an employing agency, provided in chapter 12 of that 
title to the Merit Systems Protection Board, or provided in that title 
to any person, alleging a violation of chapter 63 of that title, shall 
be the powers, remedies, and procedures this Act provides to that 
agency, that Board, or any person, respectively, alleging an unlawful 
employment practice in violation of this Act against an employee 
described in section 2(2)(E).
(e) Remedies for State Employees.--
(1) Waiver of sovereign immunity.--A State's receipt or use 
of Federal financial assistance for any program or activity of 
a State shall constitute a waiver of sovereign immunity, under 
the 11th Amendment of the Constitution or otherwise, to a suit 
brought by an employee of that program or activity under this 
Act for equitable, legal, or other relief authorized under this 
Act.
(2) Official capacity.--An official of a State may be sued 
in the official capacity of the official by any employee who 
has complied with the procedures of subsection (a)(3), for 
injunctive relief that is authorized under this Act. In such a 
suit, the court may award to the prevailing party those costs 
authorized by section 722 of the Revised Statutes (42 U.S.C. 
1988).
(3) Applicability.--With respect to a particular program or 
activity, paragraph (1) applies to conduct occurring on or 
after the day, after the date of enactment of this Act, on 
which a State first receives or uses Federal financial 
assistance for that program or activity.
(4) Program or activity defined.--In this subsection, the 
term ``program or activity'' has the meaning given the term in 
section 606 of the Civil Rights Act of 1964 (42 U.S.C. 2000d-
4a).
(f) Collective Bargaining Agreement Resolution.--In addition to the 
enforcement mechanisms set forth in this section, an employee or labor 
organization may also use a grievance and arbitration procedure of a 
collective bargaining agreement to enforce collectively bargained 
provisions relating to paid annual leave.

SEC. 7. EFFECT ON OTHER LAWS AND EXISTING AGREEMENTS.

(a) State or Municipal Laws.--
(1) Greater leave rights.--Nothing in this Act shall be 
construed to supersede any provision of any State or local law 
that provides greater paid annual leave or other leave rights 
to employees or individuals than the rights established under 
this Act.
(2) Distinguish between types of leave.--For the purposes 
of this subsection, a State or municipal law that does not 
distinguish between time earned for paid annual leave and time 
earned for sick leave shall be deemed a law that provides 
lesser paid annual leave or other rights to employees or 
individuals than the rights established under this Act.
(b) More Protective Agreements.--Nothing in this Act shall be 
construed to diminish the obligation of an employer to comply with any 
contract, collective bargaining agreement, or any employment benefit 
program or plan that provides greater paid annual leave or other leave 
rights to employees or individuals than the rights established under 
this Act.
(c) Less Protective Agreements.--The rights established for 
employees under this Act shall not be diminished by any contract, 
collective bargaining agreement, or any employment program or plan.

SEC. 8. AWARENESS CAMPAIGN.

(a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary shall carry out a public awareness campaign 
to inform the public about the paid annual leave established under this 
Act, which shall include information about--
(1) the rights provided to an employee under this Act; and
(2) resources available to an employee if the employee 
believes the rights provided under this act have been violated.
(b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

SEC. 9. EFFECTIVE DATES.

(a) Effective Date.--This Act shall take effect 180 days after the 
date of enactment of this Act.
(b) Collective Bargaining Agreements.--In the case of a collective 
bargaining agreement in effect on the effective date prescribed under 
subsection (a), the Act shall take effect on the earlier of--
(1) the date of the termination of such agreement;
(2) the date of any amendment, made on or after such 
effective date, to such agreement; or
(3) the date that occurs 18 months after such effective 
date.
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